Enforcing planning rules

Main enforcement powers available

  1. Planning contravention notice

    • Enables the local planning authority to obtain information about a suspected breach of planning control.
    • An offence to ignore: maximum penalty £1000.
  2. Breach of condition of notice

    • Served where a condition on a planning permission is not being complied with.
    • Requires compliance with condition within a specified timescale.
    • Not appealable, therefore quicker than enforcement notice.
    • An offence not to comply: maximum penalty £2500.
  3. Enforcement notice

    • Can be served where development is being carried out without planning permission or where a condition is not being complied with.
    • Requires rectification of the breach within a specified timescale.
    • Recipient has right of appeal. For further guidance on appealing against an Enforcement Notice visit Planning Portal: Enforcement appeals|External link.
    • An offence not to comply: maximum penalty £20,000.
    • Direct-action powers available to Council in the event of continued non-compliance.
  4. Stop notice

    • A 'draconian' measure used in exceptional circumstances where it is essential that:
      1. activities cease to safeguard amenity or public safety in the neighbourhood
      2. activities cease to prevent serious or irreversible harm to the environment.
    • Always served with an enforcement notice.
    • Requires activities to cease within a minimum period of usually three days.
    • Not appealable.
    • An offence not to comply: maximum penalty £20,000.
    • Carries compensation implications.
  5. Listed building enforcement notice

    • Similar to enforcement notice but used where works have been carried out to a listed building, either without the benefit of listed building consent or in contravention of a condition of such a consent.
  6. Injunction

    • An order of the High Court or the County Court, which can be used to restrain an actual or apprehended breach of planning or listed building control.
    • Used where nothing short of an injunction would be effective to restrain breaches.
    • Compensation implications.
  7. Penalties or other offences

    • Cutting down, uprooting or wilfully destroying a protected tree £20,000.
    • Other works to protected tree £2,500.
    • Unauthorised works to £20,000.
    • Display of an advertisement in contravention of advertisement regulations: £1,000 with a further fine of £1,000 a day for continuation of the offence.

Last Updated: 23/11/2016